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(영문) 서울북부지방법원 2013.08.22 2012고정544

근로기준법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From July 20, 2010 to August 10, 201, the Defendant is employed by the Defendant at the site of a new house construction work in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul.

D’s wage of 480,000 won for July 201, wage of 200,000 won for May 201, 2011, wage of 200,000, wage of June 2011, wage of 2,200,000 for July 201, and wage of 660,000 won for August 201, and wage of 660,000 for wage of 20,000 for retirement, are employed by the Defendant. < Amended by Act No. 11033, Jan. 2, 2011; Act No. 11006, Aug. 10, 2011>

The retirement E’s wage of KRW 40,00 for March 201, KRW 80,00 for April 201, the wage of KRW 1,160,00 for May 201, and KRW 2,000 for June 201, the wage of KRW 1,840,00 for July 201, and KRW 5,840,00 for the monthly wage of KRW 720,00 for August 201, and KRW 5,840,00 for each retirement date without any agreement on the extension of the payment date.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. Statements made by witnesses D in the fourth trial records and some statements made by witnesses F in the examination of witnesses;

1. The police statement of D or E;

1. D's writing notes, copies of books, details of payment of D's benefits, details of payment of D's expenses (1) and details of payment of expenses (2)

1. Application of Acts and subordinate statutes on the transactions of D accounts 1, D accounts 2, specifications of transactions of self-reliance deposits, and Acts and subordinate statutes on personal financial transactions;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;